Workplace retaliation is illegal under both federal and California law. When employees report workplace violations or assert their rights, they are protected from adverse actions by their employers. This guide outlines your legal protections, examples of retaliation, and steps to take if you experience it.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes adverse action against an employee because they engaged in a legally protected activity. Protected activities include:
- Reporting discrimination, harassment, or workplace violations.
- Filing a complaint with a government agency.
- Requesting reasonable accommodations for disabilities or religious practices.
- Participating in an investigation or legal proceeding.
Adverse actions may involve termination, demotion, or other negative employment changes that discourage employees from exercising their rights.
Legal Protections Against Retaliation
Several laws ensure employees are protected from retaliation when they assert their workplace rights.
1. Title VII of the Civil Rights Act of 1964
This federal law prohibits retaliation against employees who report discrimination or harassment based on race, gender, religion, or other protected characteristics.
2. Fair Labor Standards Act (FLSA)
The FLSA protects employees from retaliation for reporting wage and hour violations, such as unpaid overtime or failure to meet minimum wage requirements.
3. California Labor Code
California provides robust anti-retaliation protections, including laws against retaliating for:
- Reporting workplace safety violations to Cal/OSHA.
- Exercising rights under California’s paid sick leave law.
- Filing claims for unpaid wages.
4. Whistleblower Protections
Both federal and state laws protect employees who report illegal activities or workplace violations. Employers cannot retaliate against employees for exposing wrongdoing, even if the report is made in good faith but later found to be incorrect.
Examples of Workplace Retaliation
Retaliation can take many forms, some more obvious than others. Common examples include:
- Termination or demotion: Firing or reducing an employee’s rank or pay after a complaint.
- Reduction in hours: Cutting work schedules or reassigning an employee to undesirable shifts.
- Hostile work environment: Creating an atmosphere of intimidation or harassment to force an employee to resign.
- Negative performance reviews: Giving poor evaluations without justification as a form of punishment.
Steps to Take If You Experience Retaliation
If you believe you are a victim of workplace retaliation, it is crucial to act promptly. Follow these steps to protect your rights:
1. Document the Retaliation
Maintain detailed records of retaliatory actions, including:
- Dates, times, and descriptions of incidents.
- Names of individuals involved and any witnesses.
- Copies of emails, messages, or performance reviews related to the retaliation.
2. Review Workplace Policies
Check your employee handbook or HR policies to understand the internal procedures for addressing retaliation complaints.
3. Report the Retaliation
File a formal complaint with your employer, detailing the retaliation and providing supporting evidence. Submit the complaint in writing and keep a copy for your records.
4. File a Complaint With a Government Agency
If your employer does not address the retaliation or if the behavior worsens, file a complaint with:
- California Department of Fair Employment and Housing (DFEH) for retaliation related to discrimination or harassment.
- Equal Employment Opportunity Commission (EEOC) for federal retaliation claims.
- California Labor Commissioner’s Office for wage-related retaliation.
5. Seek Legal Assistance
An employment attorney can guide you through the process, ensuring your rights are protected and helping you pursue appropriate legal remedies.
Protections Against Retaliation for Whistleblowers
Whistleblowers are specifically protected from retaliation for reporting workplace misconduct or illegal activities. Employers cannot take punitive actions against employees who report violations to government agencies, law enforcement, or internal company channels.
Workplace retaliation is not only unethical but also unlawful. If you have faced retaliatory actions at work, PLBH can help you understand your rights and pursue justice. Contact us at (800) 435-7542 to schedule a consultation and take the first step toward protecting yourself against retaliation.